Order 2020-3-10, Order to Show Cause, Docket DOT-OST-2020-0037 (served Mar. 31, 2020)

The record

Jurisdiction

United States (U.S. Department of Transportation, Office of the Secretary)

Level

Federal

Authority

CARES Act § 4005: the Secretary "is authorized to require, to the extent reasonable and practicable, an air carrier receiving loans and loan guarantees under section 4003 to maintain scheduled air transportation service as the Secretary deems necessary to ensure services to any point served by that carrier before March 1, 2020"; § 4114(b) (same for payroll support recipients)

Issued

2020-03-31 Mar. 31, 2020

Effective

2020-03-31 (tentative; objections due within two business days) (read as 2020-03-31)

End

finalized by Order 2020-4-2 (Apr. 7, 2020) (read as 2020-04-07)

In force

Mar. 31, 2020 to Apr. 7, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Travel and quarantineOther

Addressees

• U.S. certificated and commuter air carriers and all-cargo carriers accepting CARES Act financial assistance

Functions reached

• OP airline networks (minimum frequencies fixed by federal order; schedules reduced to the federal minimum)
• CB communities, airports and airport concessionaires whose service was cut to the minimum
• TR business and leisure travel capacity

Collection

Aviation and surface-transport regulators AGY-AVIATION-SURFACE

Operative words

"By this Order, the U.S. Department of Transportation (the Department) is proposing parameters for initially implementing the authority granted to the Secretary of Transportation (the Secretary) by Sections 4005 and 4114(b) of the Coronavirus Aid, Recovery, and Economic Security Act (the CARES Act).... the order proposes that air carriers receiving financial assistance under the CARES Act maintain minimum air services on a nationwide basis, with some exceptions." "ACCORDINGLY: 1. The Department directs all interested persons to show cause why the Department should not issue an order making final its tentative findings and conclusions discussed herein.... 2. The Department tentatively determines that the Service Obligation contained in Sections 4005 and 4114(b) apply to air carriers (covered carriers) accepting financial assistance under the CARES Act and that either (a) hold a certificate of public convenience and necessity for scheduled passenger air transportation pursuant to 49 U.S.C. §§ 41101 and 41102 or a Commuter Air Carrier Authorization pursuant to 14 C.F.R. 298, or (b) provide all-cargo air transportation pursuant to 49 U.S.C. § 41101 and 41103."

Enforcement

Notes